Aristotle speaks often in terms of the spectrum between potentialities and actualization, revealing the philosophical concerns surrounding man’s ability to discern reality from appearances, scientific certitude as distinguished from mere opinions; and, in the end, the capacity to bifurcate truth from falsity. As Pre-Socratic philosophy brought out the problems of an ever-changing world, with Heraclitus and Parmenides as two classic examples of the focus of inquiry, so the underlying and common thread remains even with us today: How, in an ever-changing universe, do we attain some semblance of static certainty?

Anxiety and stress during the development or waiting periods.

Medical conditions tend to bring to the fore a sudden change which is not merely problematic, but impacting upon all sectors and areas of one’s life. The quietude of the normal and mundane is suddenly turned upside down; that which we relied upon, and for which we worked so hard to achieve, are all suddenly in a state of disarray and disruption.

As certainty is the harbinger of security, so constant flux remains the loosened bolt which potentially unhinges such security. That is why, for Federal and Postal employees who are in the “development” stage of either preparing, formulating or in the process of filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether under FERS or CSRS or, in the long and arduous “waiting” stage in anticipation of a decision to be rendered by OPM, a constant sense of anxiety and angst prevails, precisely because the lack of certitude in bringing about stability is presently ever-pervasive in one’s thoughts. Perspectives are important in the quest for truth.

Both Plato and Aristotle recognized the subjective factor of perceptual idiosyncrasies amongst species. Development of a case for Federal and Postal Workers who are filing for Federal Disability Retirement benefits, will continue to remain in a state of flux, uncertainty, and insecurity. And like the metaphorical river into which Heraclitus walks, revealing the constancy of change and stream of flux, until a decision is rendered by OPM, life remains a metaphor for development into the unknown.

In every legal writing and oral argument, there is an appropriate time and context for precision, and times when wide discretion must be used in allowing for additional evidence and argument to remain effective. Recognizing and identifying which approach must be applied is the first step to effective advocacy; maintaining the flexibility when appropriate, and constraining the precision for all sides, is often a key to winning.

To “paint oneself into a corner” in one’s Statement of Disability is often a problem, where subsequent medical conditions arise but one cannot supplement or support such conditions because one was inappropriately precise (or unduly succinct) in the descriptive narrative of one’s statement; or, conversely, being vague about the importance, relevance or applicability of a certain holding in a precedent-setting case; these are all mistakes which should be avoided.

In preparing, formulating and filing a Federal or Postal Disability Retirement case, submitted to the U.S. Office of Personnel Management, the context often drives the content; where precision is called for, technical knowledge must be applied and the terms of art must be inserted; where linguistic flexibility is required, the artful weaving of wiggle room must be allowed, in order for the air to circulate, and for the chameleon of appearance to change as circumstances require.

“What is the game plan?” That is the question which, when posed, is evidence that one recognizes that engagement in an activity or process should have a logistical and strategic paradigm from which to proceed.

Such an overarching plan need not be a formally drawn, meticulously detailed one; it can be fairly general in its guideposts, with some specificity in milestones. But to formulate a plan which is discernibly comprehensible is an important first step before initiating any process, whether legal, recreational or otherwise.

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the plan of action is important to the overall administrative facet, if only to respond to outside pressures which will almost certainly prevail upon the Federal or Postal employee — from one’s agency; from the financial pressures which will continue to remain a factor; from the ongoing medical condition itself.

Yet, within any “game plan” or “master plan”, one must also figure in a necessary component of flexibility. Just as the future is never a certainty or a predictable development, so changes in a process where one is attempting to file for a benefit will often incur and involves unforeseen changes and malleable circumstances.

An unseen event or trigger, however, does not necessarily mean that one cannot proceed; it merely require the ability to circumvent the obstacle, if indeed it is an obstacle at all.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.